Cross-Border Implementation Bodies: Provision of Cars for Chief Executives

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord President on 10 September (WA 123) concerning North/South implementation bodies, why it was considered necessary to provide a car for the chief executive of the Special European Union Programmes Body.

Baroness Amos: I have nothing further to add to the answer given on 10 September 2003 (Official Report, WA 123).

EU Draft Constitutional Treaty: Data Protection Rules

Baroness Ludford: asked Her Majesty's Government:
	Why they are proposing in the intergovernmental conference on a European Union constitution that the scope of Union rules on data protection should not extend to justice and home affairs and common foreign and security policy matters.

Baroness Symons of Vernham Dean: The Government support a single treaty structure which would require, as a consequence, provisions in the treaty which reflect the special arrangements for CFSP and some parts of JHA, including to reflect the restrictions and exemptions relating to data processing contained in Directive 95/46/EC.

Heroin Prescribing

Lord Chadlington: asked Her Majesty's Government:
	How discussions are progressing between the Home Office, the Department of Health and the National Treatment Agency on pilot projects to test aspects of the heroin prescribing guidance.

Baroness Scotland of Asthal: The Home Office, Department of Health and the National Treatment Agency have agreed a specification for the pilots and will now invite tenders for potential pilot sites. The aim is to develop four pilots and to have the first in operation by April 2004.

Internet Fraud

Lord Chadlington: asked Her Majesty's Government:
	What they are doing to prevent e-fraud, in light of the increasing number of people being tricked by fraudulent e-mails into divulging their bank details. [HL75]Joan

Baroness Scotland of Asthal: This practice, commonly known as "phishing", is an offence (or attempted offence) of fraud which can be prosecuted under the Theft Acts or under the commmon law of conspiracy to defraud. The maximum penalty for the main fraud offences (including attempts to commit them) is 10 years' imprisonment.
	In response to recent incidents, the National Hi-Tech Crime Unit (NHTCU), together with the Association for Payment Clearing Services (APACS) and the British Bankers Association (BBA), has issued a checklist for UK consumers to help protect themselves against Internet fraudsters. Although the early indications are that very few people have responded to these e-mails, public awareness is essential in order to tackle this issue.
	The Home Office chaired a consultation group to look at ways to combat new crime threats from e-tailing. As a result we are working on the construction of a website that will draw together the wealth of existing information on electronic crime prevention and make it more readily available.

Salisbury District Local Plan

Baroness Scott of Needham Market: asked Her Majesty's Government:
	When they expect to announce a decision on the local plan for Salisbury.

Lord Rooker: There have been two recent hearings relating to the Salisbury District Local Plan which has been the subject of a High Court challenge to its adoption. I understand further hearings are anticipated in the new year with a decision likely to follow soon afterwards.

Planning Law and National Planning Policy: 20th Century Listed Buildings

Lord Freyberg: asked Her Majesty's Government:
	Whether the application for the Greenside case will be called in for a planning inquiry so that Runnymede Council's grounds for granting demolition of a 1937 listed building can be examined.

Lord Rooker: Runnymede Borough Council has recently referred the Greenside listed building application to my right honourable friend the Deputy Prime Minister. This allows him an opportunity to consider whether or not to call in the application for his own determination. It is not possible to anticipate the decision of my right honourable friend the Deputy Prime Minister at this stage.

Planning Law and National Planning Policy: 20th Century Listed Buildings

Lord Freyberg: asked Her Majesty's Government:
	Whether the Human Rights Act 1998 overrides both planning law and national planning policy.

Lord Rooker: The Human Rights Act 1998 sets out specific basic rights, including the right to peaceful enjoyment of property; the right to respect for private and family life and the home; and the entitlement to a fair and public hearing within a reasonable time by an independent and impartial tribunal. Some of these rights are absolute while othes are considerations which have to be weighed in the balance against matters of public interest, such as the preservation of the environment in the case of planning decisions, when a public decision is being made and may interfere with an individual's rights. These principles are relevant in all areas of public law, including the planning system. Therefore, regard has to be paid too them to ensure that they are observed in the day-to-day operation of the planning system and that planning decisions are compatible with the Human Rights Act.
	It is a matter for the courts to determine whether any particular aspects of planning law or national planning policy are incompatible with the Human Rights Act. The House of Lords decided that the planning system was not incompatible with the right to a fair and public hearing as required by the Human Rights Act in its judgment in the case of R v Secretary of State for the Environment, Transport & the Regions ex parte Holding & Barnes plc.

Planning Law and National Planning Policy: 20th Century Listed Buildings

Lord Freyberg: asked Her Majesty's Government:
	What measures they intend to take to ensure that council officers and planning committee members are adequately informed of the merits of 20th century buildings which contribute to the national heritage.

Lord Rooker: Local planning authorities are required to consult the appropriate national amenity society in respect of applications to demolish listed buildings. In the case of 20th century buildings (in all decades except the first) this is the Twentieth Century Society. However, the Government also advise that authorities should have adequate specialist expertise available to them to discharge their responsibilities for listed buildings and conservation policy generally. In addition, English Heritage, the Government's statutory adviser, has to be consulted on all listed building applications.

Planning Law and National Planning Policy: 20th Century Listed Buildings

Lord Freyberg: asked Her Majesty's Government:
	Whether the Greenside case has set a precedent in planning law and national planning policy which other applicants would be able to follow.

Lord Rooker: It is not possible for me to comment on this particular case as it is currently before my right honourable friend the Deputy Prime Minister for consideration. However, it is important that all concerned in the listed building process follow the correct procedures.

Gulf War 1990–91: Vaccines

Lord Morris of Manchester: asked Her Majesty's Government:
	Who was responsible for advising, and when and in what ways they advised, troops deploying to the first Gulf conflict of their rights in regard to accepting or rejecting vaccines used under the multiple immunisation programme adopted by the Ministry of Defence; when troops were advised that the pertussis vaccines were not licensed for administration to adults or for use as an adjuvant; and when they were told that the widely used Merieux pertussis vaccine was not licensed for use at all in the United Kingdom.

Lord Bach: The Ministry of Defence's intention was that immunisations were to be voluntary. However, when instructions were cascaded down the command chain, in some cases the voluntary nature of immunisations was not adequately communicated by medical staff prior to immunisation which may have led to a perception that immunisation was mandatory. It appears that the voluntary nature of the anti-biological warfare immunisation programme, which included the use of pertussis vaccine, was clearly understood and implemented in some units, but not in others. A combination of leadership by example, peer pressure and lack of clear instructions left some personnel with either no conception that they could refuse the immunisations, or a definite understanding that they were not expected to do so. Where detailed documentary evidence exists it clearly shows a proportion of personnel refusing immunisations, implying proper application of the voluntary policy in at least these cases. Information on whether personnel were advised in 1991 of the pertussis vaccine licensing position is not available.

Gulf War 1990–91: Vaccines

Lord Morris of Manchester: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Bach on 9 October (WA 67), whether the hepatitis A vaccine was administered to troops involved in the 1990–91 Gulf conflict at the same time as that for polio or yellow fever; if so, in how many cases it was administered; and how many of those deployed were given a cholera vaccine with yellow fever or tetanus.

Lord Bach: At the time of the 1990–91 Gulf conflict, a specific immunisation against Hepatitis A was unavailable. I refer my noble friend to paragraph 25 of Annex E to the MoD paper, Implementation of the Immunisation Programme Against Biological Warfare Agents for UK Forces during the Gulf Conflict 1990/1991, dated 20 January 2000. A copy of this paper has been placed in the Library of the House. It is available on the Internet at: www.mod.uk/issues/gulfwar/info/medical/bwa.htm and in hard copy as set out in my Answer of 20 November 2003 (Official Report, Col. 341 WA).

Gulf War 1990–91: Vaccines

Lord Morris of Manchester: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Bach on 9 October (WA 67), whether at any time since the 1990–91 Gulf conflict a research study of veterans with medically unexplained illnesses has been suggested for grant applications to help in identifying markers of immune system deficits and aberrations; and whether any such study has been funded.

Lord Bach: The independent Medical Research Council (MRC) has received two applications for immunological research relating to Gulf veterans' illnesses. One was approved by the MRC. The resulting study was carried out by researchers at Guy's, King's and St Thomas' School of Medicine & Institute of Psychiatry, London, into Th 1 and Th 2 cytokines. The results are expected to be published in 2004.

Gulf War 1990–91: Vaccines

Lord Morris of Manchester: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Bach on 9 October (WA 67), whether they will now publish the findings of research already completed by the National Institute for Biological Standards and Control relating to their studies of vaccine combinations, in particular anthrax with pertussis, administered to troops involved in the 1990–91 Gulf conflict.

Lord Bach: The National Institute for Biological Standards and Control (NIBSC), as the UK's Official Medicines Control Laboratory for biological medicines, does not publish routinely results of tests on medical products as these are commercially confidential. In 1990, preliminary findings of NIBSC's work on anthrax vaccine and pertussis were made available to the user, MoD, as set out in the MoD paper, Background to the Use of Medical Countermeasures to Protect British Forces during the Gulf War, dated October 1997, a copy of which is in the Library of the House. This paper is also available on the Internet at: http://www.mod.uk/issues/gulfwar/info/medical/mcm.htm and in hard copy as set out in my Answer of 20 November 2003 (Official Report, col. 341). An outline of the findings from the first phase of the anthrax vaccine and pertussis vaccine work undertaken by NIBSC as part of the Vaccines Interactions Research Programme is available on the Internet at: http://www.mod.uk/issues/gulfwar/research/anthrax-pertussis.htm.
	All of the work carried out by NIBSC as part of this research progamme is complete. The findings are being prepared by NIBSC in a format suitable for publication in the peer-reviewed scientific literature. To preserve independence, maintain scientific credibility and in common with normal scientific and medical practice, responsibility for publishing research findings lies with researchers.

Gulf War 1990–91: Vaccines

Lord Morris of Manchester: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Bach on 9 October (WA 67), what, at any one time in the marmoset study at Porton Down, was the maximum number of vaccines administered to a single animal from among those used for immunising troops involved in the 1990–91 Gulf conflict.

Lord Bach: In all, 48 marmosets were monitored for 18 months during the vaccines interactions research programme undertaken by the Defence Science and Technology Laboratory, Porton Down. Of the 48 marmosets, 24 received vaccinations. The maximum number of vaccinations administered to each of these 24 animals at any one time was four on the first day of a 51-day vaccination schedule. Another three vaccines were administered three days later and each animal subsequently received a further seven vaccinations, making 14 vaccinations of 10 different vaccines in total. Of the 24 marmosets who received these vaccinations, 12 animals also received pyridostigmine bromide for 28 days during the 51-day schedule.

Cambridge University:Primate Research Centre

Lord Jenkin of Roding: asked Her Majesty's Government:
	What support they are giving to the proposal by Cambridge University to build a primate research centre either in Cambridge or in a guarded military facility elsewhere.

Lord Sainsbury of Turville: The Department of Experimental Psychology at the University of Cambridge won an open competition for a share of the £750 million joint infrastructure fund (JIF).
	An international panel of experts reviewed all bids to the fund on the basis of scientific excellence. The JIF funders supported the Cambridge neuroscience project because it was judged to be one of the best in the biosciences field. The university was awarded £24 million towards the cost of the project.

Renewable Energy: Tidal Power

Earl Attlee: asked Her Majesty's Government:
	How the feasibility of offshore tidal lagoons compares to the feasibility of other renewable energy sources such as wind turbines.

Lord Sainsbury of Turville: Tidal lagoons as with other forms of large-scale barrage are technically feasible. The economics of tidal lagoons are not as well established as for wind power.

Renewable Energy: Tidal Power

Earl Attlee: asked Her Majesty's Government:
	What support and encouragement they are giving to the research and development of offshore tidal lagoons.

Lord Sainsbury of Turville: The Government have a research and development programme for renewable energy currently funded at around £19 million per annum.
	To be successful under this scheme, any application for research and development into tidal lagoon technology would need to demonstrate potential for significant innovation relative to other proposals considered. Proposals for the application of conventional technology would be unlikely to be successful.

Renewable Energy: Tidal Power

Earl Attlee: asked Her Majesty's Government:
	What they consider to be the main advantages and disadvantages of offshore tidal lagoons as sources of renewable energy.

Lord Sainsbury of Turville: Tidal lagoons as with other forms of large-scale barrage have the potential to contribute to the UK's renewable energy targets and are eligible for support through the renewables obligation.
	The environmental impacts and economies of any proposed schemes would need to be assessed by developers and planning authorities on a case-by-case basis.

Renewable Energy: Tidal Power

Earl Attlee: asked Her Majesty's Government:
	What contribution they expect from tidal power in reaching their target of 10 per cent of electricity to be provided from renewable sources by the year 2010.

Lord Sainsbury of Turville: The Government have set a target of 10 per cent of electricity in the UK to come from renewables by 2010. However, we have not specified what level of contribution should come from individual technologies. That is left to industry, being consistent with the Government's policy of an open and competitive energy market.

UK Energy Reserves: EU Competence

Lord Hoyle: asked Her Majesty's Government:
	What powers the draft European Union constitution gives the European Union over British oil and gas reserves and the United Kingdom's ability to licence exploration, security of supply, and negotiations with third countries.

Lord Sainsbury of Turville: Article III–157 of the draft EU Treaty would provide EU competence in energy matters, including natural resources, with voting by qualified majority. Under the treaty establishing the European Community, there is already Union activity in energy matters and we believe there is a strong case for making the legal base for policy in this area more transparent. The UK has proposed amendments which would make it clear that member states retain control of their natural resources.

Accountancy and Audit: Regulation

Lord Taylor of Warwick: asked Her Majesty's Government:
	What steps they will take to introduce independent regulation of accountancy firms.

Lord Sainsbury of Turville: The Accountancy Foundation and its associated bodies were set up in 2000 to provide non-statutory independent regulation of the accountancy profession. In response to the interim report of the Co-ordinating Group on Accounting and Auditing Issues, the Government announced in July 2002 that there would be an immediate review of the way the accountancy and audit professions were regulated. The main recommendation was that the Financial Reporting Council should take over the functions of the Accountancy Foundation to create a new independent regulator.
	I announced on 29 January 2003 that the Government accepted all the recommendations of the review. The aim is to bring the new Financial Reporting Council formally into being early in 2004. To complement these non-legislative reforms, the Government will be introducing a Bill in this Session that will include provisions to strengthen the independence of the system of audit regulation.

Debt Consolidation Products

Lord Taylor of Warwick: asked Her Majesty's Government:
	What steps they are taking to monitor the activities of personal loan and debt consolidation companies, which are now being advertised on daytime television.

Lord Sainsbury of Turville: The Office of Fair Trading (OFT) launched a fact-finding study into debt consolidation on 17 June 2003, under Section 5 of the Enterprise Act 2002. The study is examining the activities of a range of companies which offer debt consolidation products. It is focusing on how much consumers know about what they are committing themselves to and seeking to assess whether lenders are being responsible in their dealings with borrowers. The study is due to report early in 2004 and will help to inform the OFT's enforcement of the Consumer Credit Act 1974 (CCA).
	The review of the CCA has been looking at strengthening the consumer credit licensing system. We will shortly be publishing a White Paper setting out the conclusions of the review.

Jamaica: Small Arms and Ammunition Export Licenses

Lord Faulkner of Worcester: asked Her Majesty's Government:
	How many licences have been (a) granted and (b) refused for exports of small arms, components of small arms and small arms ammunition to Jamaica since 1 January 2003.

Lord Sainsbury of Turville: No licences have been either granted or refused for exports to Jamaica this year from 1 January 2003.

Haemophiliacs with Hepatitis C: Financial Assistance Scheme

Lord Morris of Manchester: asked Her Majesty's Government:
	What representations they have had from and on behalf of the Haemophilia Society regarding the ex gratia payments scheme to be introduced for people infected with hepatitis C by contaminated National Health Service blood products; what replies they have sent; and what further action they are taking.

Lord Warner: Officials from the Department of Health have met representatives of the Haemophilia Society on two occasions since the announcement of the ex gratia payment scheme and a dialogue has been maintained. The Parliamentary Under-Secretary of State for Public Health (Miss Melanie Johnson) also met representatives of the Haemophilia Society during a meeting with the chairman of the All-Party Parliamentary Group on Haemophilia on 29 October.
	The renewal of the Haemophilia Society's parliamentary and media campaign to highlight its concerns about the scheme has inspired a number of parliamentary Questions, correspondence from Members of Parliament on behalf of constituents, and correspondence direct from members of the public and groups with an interest in this issue.
	The points raised by the society will continue to be considered during our deliberations and an announcement on the scheme is expected shortly.

Pharmaceutical Price Regulation Scheme: Seventh Report to Parliament

Baroness Goudie: asked Her Majesty's Government:
	When they will publish the pharmaceutical price regulation scheme: seventh report to Parliament.

Lord Warner: The seventh report to Parliament on the pharmaceutical price regulation scheme (PPRS) was published today. The report, entitled PPRS: Seventh Report to Parliament, covers the management and operation of the 1999 scheme, which was introduced in October 1999 including the delivery of the 4.5 per cent price cut. It explains the Government's objectives for the scheme and gives consolidated information on company annual financial returns. The report sets out the contribution made to the economy by the UK-based pharmaceutical industry and describes the review of the current PPRS and the publication of the discussion paper seeking views on options for the future.
	Copies of the report have been placed in the Library.

Export of Works of Art

Baroness Hilton of Eggardon: asked Her Majesty's Government:
	What progress has been made on the quinquennial review of the Reviewing Committee on the Export of Works of Art.

Lord McIntosh of Haringey: The report of the review of the Reviewing Committee on the Export of Works of Art will be published today.
	The review was led by the Director of Arts and Culture at DCMS and supported by the Review Management Team of the Arts and Culture Directorate. An independent steering group guided the review and the work of the review was informed by a thorough consultation exercise.
	The report finds that the committee is fulfilling government and departmental objectives in relation to the protection of objects of national importance and that there is widespread support for its continuation.
	The department will consider in more depth the issues raised by the review and issues raised by the Goodison Review on "Saving Art for the Nation", which is due to be published later this week.
	Copies of the report will be placed in the Libraries of both Houses. The Review will also be available on the DCMS website http://www.culture.gov.uk

Disability: UK Support for Proposed UN Convention

Lord Morris of Manchester: asked Her Majesty's Government:
	What assistance they have given towards achieving a United Nations convention on the rights of disabled people as recommended in Rehabilitation International's Charter for the New Millennium.

Baroness Hollis of Heigham: The Government fully supported the principle of a convention on disability and worked hard to ensure that a working group was set up to draft a text. Officials established a consultative forum comprising key UK disability organisations which has met three times. The Government also included and funded a representative from this forum in the UK delegation at the second meeting of the ad hoc committee.
	In October, the Department for Work and Pensions and Foreign and Commonwealth Office officials held a seminar for UK national disability organisations to provide feedback on progress at this committee and to consult on the way forward.

Autism

Baroness Uddin: asked Her Majesty's Government:
	What steps they are taking to help provide job opportunities for people with autism.

Baroness Hollis of Heigham: We are committed to improving employment opportunities for all disabled people, both through the help available from Jobcentre Plus and by extending basic rights through the Disability Discrimination Act.
	Disability employment advisers within Jobcentre Plus provide support to disabled people facing complex barriers to work and help employers develop good recruitment policies. They can offer help to disabled people with finding work and can refer them, where appropriate, to occupational health assessments, training and the full range of Jobcentre Plus disability programmes.
	We have no plans at present to introduce an autism specific programme. However, we recognise that the employment needs of people with disabilities vary and we have been working with the National Autistic Society to improve our understanding of how best to help people with autism find and keep jobs.

Illegal Food Imports

Baroness Byford: asked Her Majesty's Government:
	Whether, when illegal food imports are seized, they are tested for the foot and mouth disease virus or any other virus.

Lord Whitty: No. Illegal imports of meat are destroyed without undue delay. We are currently looking at the feasibility of undertaking a sampling programme.

Wales: Smoking in Public Places

Lord Morris of Aberavon: asked Her Majesty's Government:
	Further to the answer by the Lord Warner on 1 December (HL Deb, cols. 98–100) concerning healthcare in Wales being a devolved matter, whether primary legislation has been passed permitting the Welsh Assembly to legislate against smoking in public places in Wales.

Lord Evans of Temple Guiting: No. However, the Assembly has responsibility for health promotion in Wales, and therefore has powers to promote smoke-free public places. The Assembly is developing guidance and initiatives to encourage such developments by voluntary means.